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Drug Use In The Military

Drug Use In The Military

Military Drug Test Defense Lawyer Fighting Your Urinalysis Test Results

Mandatory urinalysis tests can seriously jeopardize a military career if they test positive. However, it is a common misconception that these cases are un-winnable. Positive urinalysis tests can and should be challenged. Just like any other biological tests, there are many factors that can contribute to a false positive UA result for drugs and controlled substances.

How Can Someone Get a False Positive for Drugs in a Urinalysis?

Reasons for false positive or faulty UA tests are manufacturing errors, improper labeling or storage, ingestion of poppy seeds, herbal supplements, and certain foods or vitamins.

Some of the most common reasons and substances that cause false positives include:

  • Diet Pills
  • Lidocaine Patches
  • Antidepressants
  • Antacids
  • Cold Medicine
  • Over-the-counter Decongestants
  • NSAIDS like Naxproxen, Ibuprofen, and Motrin

Attorney Patrick J. McLain is an experienced and aggressive civilian military defense lawyer. He has practiced in the area of military law for more than 30 years, formerly serving as a court-martial trial judge, USMC defense attorney, and federal prosecutor. He protects the rights of his fellow servicemen and women facing charges for positive drug test results in the military.

To discuss your military drug case with Attorney McLain, contact our law firm at (888) 606-3385.

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What To Do After Positive Drug Urinalysis?

If you have a positive urinalysis in the Army, Air Force, Navy, Marine Corps, Coast Guard, or Space Force, here are some general steps you should consider: 

1.  Stay Calm:  It is essential to remain composed and not panic.  Positive urinalysis results can have serious consequences.  But how you handle the situation can make a significant difference, and always seek legal counsel. 

2.  Understand the Results:  Ensure you understand why your urinalysis came back positive.  Some substances, like prescription medications or over-the-counter drugs, could trigger a positive result.  An experienced legal counsel knows the resources to address false or questionable positives. 

3.  Know Your Rights:  Familiarize yourself with your rights and the military regulations regarding positive drug tests.  Consult with an active duty defense counsel (Army – TDS, Air Force/Space Force - ADC, Navy/Marine Corps/Coast Guard – DSO) or a civilian military defense attorney who can guide you through the process and help you understand your options.  See the discussion below about your right to remain silent and your rights regarding further actions. 

4.  You have the right to remain silent – and you should remain silent:  You never have a duty to answer questions about any accusations against you.  You only have confidentiality with an attorney whose job is to represent accused military personnel; you do not have such confidentiality with any other sort of attorney, or anyone else.   

5.  Prepare for further actions: You may be ordered to undergo further testing, substance abuse screening, and other follow-on action. Obey all lawful orders.  If you are unsure if you are being given a lawful order, consult the legal counsel discussed above. 

5.  Seek Support:  If you're struggling with substance abuse or addiction, of course you should seek help from the available resources within the military, such as counseling services, substance abuse programs, or support groups.  If you are concerned about the legal consequences of doing so, consult the attorneys discussed above.  This is also a stressful time, and you are both wise and prudent to seek appropriate mental health counseling. 

6. Prepare for Consequences: Be prepared for potential disciplinary actions or administrative consequences that may result from a positive urinalysis.  This could include administrative separation from the military, nonjudicial punishment, or court-martial.  As always, before electing your rights in any of these processes, consult the legal counsel discussed above. 

7. Get Legal Representation Now:  Neither the police nor your chain of command, neither your family nor your friends, are qualified to give you legal advice in this matter.  You should only seek legal advice from a professional, an attorney experienced in military law.  The earlier you get counsel, the better your chances to achieve a good result in the military justice system and to protect your rights. 

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Which Drugs Do Military UAS Test for?

The most common drugs that military members are screened for include:

  • Marijuana
  • Cocaine
  • Bath Salts
  • Methamphetamines
  • Cush
  • Designer Drugs like Ecstasy and Spice
  • Opiates like heroin & Oxycodone
  • Anxiety medication like Xanax and Valium
  • Prescription Drugs like Vicodin, Soma, Ritalin, and Adderall
  • Contact Our Law Office for a Defense You Can Trust

Attorney McLain is an experienced positive UA defense attorney, determined to provide all of his clients with a strong and compelling defense. He regularly attends CLEs (continuing legal education classes) to learn new defense strategies and remain abreast of any developments in the law. He also teaches at service schools where he shares knowledge with talented military practitioners.

We are readily able to defend you before any court-martial or review board across the country and around the world.

Contact our law office in (888) 606-3385 to put this experience on your side when you are fighting positive urinalysis accusations. 


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